对醉酒驾车之新增刑法规定的质问和解释

刑法修正案﹙八﹚有关醉酒驾车的新增规定在完善醉酒驾车的刑法规制的同时,也因其本身的规定导致了刑法理论上的质问。质问包括罪状和法定刑两方面。罪状的质问包括:行为方式、罪过、行为场所的内容,以及新增醉酒驾车犯罪与相关犯罪的竞合关系。在法定刑方面:新增醉酒驾车犯罪的"拘役和罚金"的法定刑太轻导致了新增规定在司法适用中被部分架空,与此同时,还导致了追溯时效和刑事诉讼强制措施适用上的争议。为解释这些置疑,应当在明确新增规定与原有交通肇事罪之间的独立关系的基础上,认可新增规定主观上由过失实施,并对"道路上"进行扩大解释;在刑罚上,并且充分利用非刑罚处理方法,以实现立法初衷。     

Dextromethorphan abuse leading to assault, suicide, or homicide

Abstract: Dextromethorphan is a commonly encountered antitussive medication which has found additional therapeutic use in the treatment of pseudobulbar disorder and as an adjunct to opiate use in pain management. Dextromethorphan at high doses has phencyclidine‐like effects on the NMDA receptor system; recreational use of high doses has been found to cause mania and hallucinations. The toxicology and pharmacology of the drug in abuse are reviewed, and the historical literature of adverse psychiatric outcomes is assessed. Five new cases of dextromethorphan intoxication that resulted in assault, suicide, and homicide are reported, together with the corresponding toxicology results. Blood concentrations ranged from 300 to 19,000 μg/L. These results are compared with typical concentrations reported in therapeutic use and impaired driving cases. Based on these findings, dextromethorphan should be considered as a potential causative agent in subjects presenting with mania, psychosis, or hallucinations, and abusers are at risk for violent and self‐destructive acts.     

非自愿性口供的排除规则--从刑讯逼供角度的分析

由于涉及到口供和排除规则这些重要问题,非自愿性口供的排除规则受到了我国学者的普遍关注,但是,现在对该规则本身的研究还不够深入.本文从刑讯逼供的角度出发,对于排除规则中的几个要素,如"刑讯逼供"的含义、排除模式、"毒树之果"规则、排除后果等进行了分析,希望能够加深我们对于该问题的理解.     

危险驾驶行为刑事规制问题研究——兼论刑法修正案(八)草案之规定

随着社会的发展和一系列严重危险驾驶刑事案件的发生,危险驾驶问题已经成为颇受世人关注的社会问题。而我国现行刑法和刑法修正案(八)草案存在着对危险驾驶行为界定不周延、规制不全面、罪名针对性不强以及刑罚配置不合理等弊端。要完善相应立法,应当单独设立危险驾驶罪和过失危险驾驶罪,修改交通肇事罪的法定刑,同时保持三罪名之间的衔接与协调,以确保刑罚功能的发挥和刑罚目的的实现。     

Unnatural and Violent Death in Cases with High Blood Alcohol Concentration— Autopsy Study

The use of alcohol increases the risk of dying from unnatural or violent causes. The presented study explored the distribution of age, gender, cause, and circumstances of death in persons who died in an unnatural and violent manner, with a blood alcohol concentration (BAC) higher than 0.3 g/dL, and where the cause of death was not alcohol intoxication. We defined the control (0 < BAC < 0.3 g/dL) and study (BAC ≥ 0.3 g/dL) groups, as in subjects with these concentrations, there is a significant risk of gross intoxication, stupor, and death. The subjects from the study group were older, with no difference in gender distribution. Traffic accidents were the most common fatal event in both groups, followed by suicides. Other accidents (choking on food and exposure to fire) were more frequent in the study group. Compared to the control group, subjects from the study group were older persons whose deaths were mainly accidental.     

Unfitness for Detention Among Arrestees with Suspected Mental Disorders in Paris,France

In this retrospective study (11/2013–04/2014), we aimed to identify the factors associated with psychiatric hospitalization among detainees in police custody. We included 137 patients (M/F, 74%/26%; median age, 37 years), and 125 (91%) had a mental disorder. Seventy‐seven patients (56%) had involuntary hospitalization. Sixty patients (44%) were declared fit for detention, and 48 (80%) of these patients had a mental disorder. All patients who required urgent psychiatric care and could not provide valid consent for care were declared as requiring involuntary hospitalization. Forty‐nine of the 62 patients (79%) who required urgent psychiatric care and were suspected to have committed serious crimes were involuntarily admitted. In conclusion, we commonly found that some individuals with mental disorders were considered fit for detention in police cells.     

Fatal Intoxication with Acetyl Fentanyl

Among the new psychoactive substances encountered in forensic investigations is the opioid, acetyl fentanyl. The death of a 28‐year‐old man from recreational use of this compound is reported. The decedent was found in the bathroom of his residence with a tourniquet secured around his arm and a syringe nearby. Postmortem examination findings included marked pulmonary and cerebral edema and needle track marks. Toxicological analysis revealed acetyl fentanyl in subclavian blood, liver, vitreous fluid, and urine at concentrations of 235 ng/mL, 2400 ng/g, 131 ng/mL, and 234 ng/mL, respectively. Acetyl fentanyl was also detected in the accompanying syringe. Death was attributed to recreational acetyl fentanyl abuse, likely through intravenous administration. The blood acetyl fentanyl concentration is considerably higher than typically found in fatal fentanyl intoxications. Analysis of this case underscores the need for consideration of a wide range of compounds with potential opioid‐agonist activity when investigating apparent recreational drug‐related deaths.     

Drunk drivers—Chances for and difficulties in giving medico-legal opinions on drivers’ alcohol intoxication levels, on the basis of the material analyzed in the Forensic Medicine Department, Medical University of Silesia, Katowice in the years 2003–2007

The authors have conducted a statistical analysis of 340 court files investigated in the Forensic Medicine Department Medical University of Silesia, Katowice in the years 2003–2007 with regard to chances for as well as difficulties in giving medico-legal opinions on drivers’ alcohol intoxication levels, which would be valid for court purposes.     

Mental health weapons prohibition: demographic and psychiatric factors in petitions for relief

Federal law and most states prohibit possession of firearms by individuals with a history of certain psychiatric diagnoses and/or treatment. In California, an involuntary 72-h hold can trigger a 5-year ban on firearm possession. Individuals so prohibited may petition for early termination of the ban. We report on the demographic and psychiatric characteristics of a sample of individuals petitioning for early relief in Los Angeles County, and on the results of their petitions. The majority of petitioners were Caucasian men over age 40. Sixteen percent of petitioners were employed in law enforcement or armed security, and all of their petitions were granted. Individuals for whom there was greater evidence of mental disorder were significantly less likely to petition successfully. The results are discussed in terms of the benefits of involving a forensic expert in the petition process, which is not presently required under California law.     

Changing patterns in emergency involuntary admissions in the Netherlands in the period 2000-2004

BACKGROUND: In England, rates of involuntary admissions increased in subgroups of patients. It is unknown whether this is true in other European countries. AIMS: To establish whether the increase in emergency commitments was uniform across subgroups of patients and dangerousness criteria used to justify commitment in The Netherlands. METHOD: National data on all commitments in the period 2000-2004. RESULTS: Commitments increased from 40.2 to 46.5 (16%) per 100,000 inhabitants. Controlling for population changes in age and sex, relatively large increases were found in patients over 50 years (25-40% increase), in patients with dementia (59%), 'other organic mental disorders' (40%) and substance abuse (36%). 'Arousing aggression', increased most strongly as a dangerousness criterion for commitment (30%). CONCLUSION: Changing patterns of commitments in The Netherlands and England might indicate a wider European shift in diagnoses and reasons for admission of committed patients.